Irvington, NJ Environmental Rules: Erosion Control (2026)

Chapter 560, Subdivision and Site Plan Review, was adopted by the Municipal Council on June 14, 1977, by Ord. No. A. , 'to promote the public health, safety, convenience, morals and general welfare' during any 'development,' a term the chapter defines broadly to cover subdividing land or constructing, reconstructing or altering any building or structure. Section 560-24 sits in Article X's design standards and requires that erosion and sediment control devices, whether permanent or temporary, meet the requirements of the New Jersey Soil Conservation Service and be approved by the Municipal Engineer before a subdivision or site plan can proceed.

Section 560-51 adds a companion drainage standard: an applicant must design 'safe and adequate drainage of the surface runoff waters in and from the premises' so that neither the applicant's property nor a neighbor's property floods or erodes, and must submit the engineering calculations behind that design with the site plan itself, not after approval. The chapter backs both standards with a financial guarantee: § 560-25 lets the Planning Board or Zoning Board of Adjustment require a performance guaranty covering, among other listed improvements, 'erosion control and sedimentation control devices,' in an amount up to 120% of installation cost and running for up to three years, so the Township can complete the work itself if a developer fails to.

Because Chapter 560 does not set its own separate penalty for an erosion-control violation the way it does for selling land before subdivision approval, an erosion or drainage violation falls back to the Revised Code's general penalty in § 1-17: a fine of up to $2,000, up to 90 days' imprisonment, or both, with each day of a continuing violation counted as a separate offense.